Be it enacted [by Congress] … that when any person shall have invented any new and useful art, machine or composition of matter or any new or useful improvement … and shall desire to have an exclusive property in the same, he shall pay … the sum of __ dollars … shall deposit a description of the said inventions in writing … shall accompany it with drawings and written references and also with exact models … After which it shall not be lawful for any person without the permission of the owner … to make or sell the thing so invented … for a term of 14 years.
… it shall be lawful for the said inventor to assign his title …
… after the expiration of any exclusive right to an invention, the public shall have … access to the descriptions, drawings, models and specimens … to be enabled to copy them …
A Bill to Promote the Progress of the Useful Arts, February 7, 1791
Padover’s The Complete Jefferson, P. 995-997
Patrick Lee’s Explanation
Jefferson originally opposed all patents, but administering an existing patent law fell to him as President Washington’s Secretary of State. He found it a difficult, hands-on, time-consuming obligation.
He drafted this bill to make patenting more of an administrative function and less of an examining one. An amended version wasn’t adopted until two years later, and it made the granting of patents almost automatic.
Jefferson thought inventions were primarily for the public good, not for the amassing of private gain: “Inventions then cannot, in nature, be a subject of property.” Still, he recognized the necessary incentive granted by a patent: “Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done according to the will and convenience of society … ”
(TJ to Isaac McPherson, Aug. 13, 1813, Padover’s The Complete Jefferson, P. 1011-1017)
Monticello’s web site features more information on the subject.
Jefferson was a noted inventor but never patented any of his creations. He might have fared better financially had he done so.
Bring Thomas Jefferson’s inventiveness to your audience!
Call Patrick Lee, 573-657-2739, to schedule a presentation.

